Research On The Model Law Of Enactment Procedure Of Local Regulations In China

On March 15,2015,the Third Session of the Twelfth National People's Congress passed the decision to amend the legislative law and granted local legislative power to all cities divided to districts in China.This is the significant adjustment to the China's legislative system.Before the revision of the legislative law,there were only 49 cities who had the local legislative power in China.After that,there would be 271 new cities with local legislative power in China.How to strengthen the legislative capacity of cities without legislative experience has become the outstanding challenge for local legislative work.To establish the scientific enactment procedure of local regulations,is the basis for improving the legislative capacity of cities without legislative experience in China.Article 77 of the revised legislative law stipulates that the procedure for proposing,deliberating,voting on local laws and regulations shall be stipulated by the People's Congress at the corresponding level.According to the article,the new cities that have local legislative power in China would have to formulate procedural regulations for local laws.Under this background,it is of great practical significance to carry out a systematic study on the enactment procedures of local laws and regulations in China.According to the provisions of the legislative law,this paper put forward the basic structure of local lawmaking procedures;through analysis of all the texts of local lawmaking procedures for all cities that have local legislative power before the revision of the legislative law,it summarized the characteristics on enactment procedures of local regulations;through analysis of the value of local lawmaking procedures,it put forward the basic principles to be followed in the enactment procedures of local regulations.And then,it analyzed and concluded the main issues of the enactment procedures of local laws and regulations in our country,and it proposed 8 links improvement advices on project establishment,drafting,submission,deliberation,voting,approval,publishing and recording.Finally,the text of a model law for the formulation of local law and regulations in China was drafted,with a view to providing reference for the cities with new local legislative power in the scientific establishment of the enactment procedures of local regulations.